WAMY Studies on Islam

Gender Equity in
Islam 1

Jamal A. Badawi, Ph.D.

World Assembly of Muslim Youth

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I. Introduction & Methodology

When dealing with the Islamic perspective of any topic, there

should be a clear distinction between the normative teachings of Islam
and the diverse cultural practices among Muslims, which may or may
not be consistent with them. The focus of this paper is the normative
teachings of Islam as the criteria to judge Muslim practices and
evaluate their compliance with Islam. In identifying what is "Islamic,"
it is necessary to make a distinction between the primary sources of
Islam (the Qur'an and the Sunnah) and legal opinions of scholars on
specific issues_, which may vary and be influenced by their times,
circumstances, and cultures. Such opinions and verdicts do not enjoy
the infallibility accorded to the primary and revelatory sources.
Furthermore, interpretation of the primary sources should consider,
among other things:

(a) The context of any text in the Qur'an and the Sunnah. This
includes the general context of Islam, its teachings, its world view, and
the context of the surah and section thereof.
(b) The occasion of the revelation, which may shed light on its
meanings,
(c) The role of the Sunnah2 in explaining and defining the meaning
of the Qur'anic text.

This paper is a brief review of the position and role of woman in

society from an Islamic perspective. The topic is divided into spiri-
tual, economic, social, and political aspects.

II. The Spiritual Aspect

1. According to the Qur'an, men and women have the same spiritual-
human nature:

0 mankind: Reverence your Guardian-Lord Who created you

from a single person created of like nature his mate and from
them twain scattered (like seeds) countless men and women;
reverence Allah through Whom you demand your mutual
(rights) and (reverence) the wombs (that bore you): for Allah
ever watches over you. (Qur'an 4:1)

It is He who created you from a single person and made his

mate of like nature in order that he might dwell with her (in
love). When they are united she bears a light burden and
2

carries it about (unnoticed). When she grows heavy they both

pray to Allah their Lord (saying): "If You give us a goodly
child we vow we shall (ever) be grateful." (Qur'an 7:189)

(He is) the Creator of the heavens and the earth: He has made
for you pairs from among yourselves and pairs among cattle:
by this means does He multiply you: there is nothing whatever
like unto Him and Her is the One that hears and sees (all
things.) (Qur'an 42:11))

2. Both genders are recipients of the "divine breath" since they are
created with the same human and spiritual nature (nafsin-waahidah):

But He fashioned him in due proportion and breathed into

him something of His spirit. And He gave you (the faculties of)
hearing and sight and feeling (and understanding): little
thanks to you give!3 (Qur'an 15:29)

3. Both genders are dignified and are trustees of Allah on earth.

We have honored the children of Adam, provided them with

transport on land and sea; given them for sustenance things
good and pure; and conferred on them special favors above a
great part of Our Creation. (Qur'an 17:70)

Behold your Lord said to the angels: "/ will create a

vicegerent on earth." They said "Will you place therein one
who will make mischief therein and shed blood? Whilst we do
celebrate Your praises and glorify Your holy (name)?" He
said: "/ know what you do not." (Qur'an 2:30)

4. According to the Qur'an, woman is not blamed for the ''fall of

man." Pregnancy and childbirth are not seen as punishments for
"eating from the forbidden tree." On the contrary, the Qur'an con-
siders them to be grounds for love and respect due to mothers.

In narrating the story of Adam and Eve, the Qur'an frequently

refers to both of them, never singling out Eve for the blame:

0 Adam! Dwell you and your wife in the garden and enjoy (its
good things) as you [both] wish: but approach not this tree or
you [both] run into harm and transgression. Then began
Satan to whisper suggestions to them bringing openly before
tM..iL.minds all their shame that was hidden /J:.Q.m_tM.m.
 3

(before): he said "Your Lord only forbade you this tree lest
you [both] should become angels or such beings as live
forever." And he swore to them both that he was their sincere
adviser. So by deceit he brought about their fall: when they
tasted of the tree their shame became manifest lfLt.hia:o. and
they began to sew together the leaves of the garden over thdr.
bodies. And tMiL. Lord called UJJ11Lt.hia:o.: "Did I not forbid
you that tree and tell you that Satan was an avowed enemy
unto you?" They said: "Our Lord! .}fLhave wronged our own
souls: if you forgive us not and bestow not upon us Your
mercy H?Ldwil. certainly be lost." (Allah) said: "Get you
[both] down with enmity between yourselves. On earth will be
your dwelling-place and your means of livelihood for a time."
He said: "Therein shall you [both] live and therein shall you
[both] die; and from it shall you [both] be taken out (at last)."
0 you children of Adam! We have bestowed raiment upon you
to cover your shame as well as to be an adornment to you but
the raiment of righteousness that is the best. Such are among
the signs of Allah that they may receive admonition! 0 you
children of Adam! Let not Satan seduce you in the same
manner as he got your parents out of the garden stripping
them of their raiment to expose their shame: for he and his
tribe watch you from a position where you cannot see them:
We made the evil ones friends (only) to those without faith.
(Qur'an 7:19-27)4

On the question of pregnancy and childbirth, the Qur'an states:

And We have enjoined on the person (to be good) to his/her

parents: in travail upon travail did his/her mother bear his/her
and in years twain was his/her weaning: (hear the command)
"Show gratitude to Me and to your parents: to Me is (your
final) Goal. (Qur'an 31:14)

We have enjoined on the person kindness to his/her parents:

in pain did his/her mother bear him/her and in paid did she
give him/her birth. The carrying of the (child) to his/her
weaning is ( a period of) thirty months. At length when he/she
reaches the age of full strength and attains forty years he/she
says "0 my Lord! Grant me that I may be grateful for Your
favor which You have bestowed upon me and upon both my
parents and that I may work righteousness such as You may
approve; and be gracious to me in my issue. Truly have I
turned to You and truly do I bow (to You) in Islam [submis-
sion]." (Qur'an 46:15)
4

5. Men and women have the same religious and moral duties and
responsibilities. They both face the consequences of their deeds:

And their Lord has accepted of them and answered them:

"Never will I suffer to be los the work of any of you be it male
or female: you are members of one another ..." (Qur'an 3:195)

If any do deeds of righteousness be they male or female and

have faith they will enter paradise and not the least injustice
will be done to them. (Qur'an 4:124)

For Muslim men and women and for believing men and
women, for devout men and women, for true men and women,
for men and women who are patient and constant, for men
and women who humble themselves,for men and women who
give in charity, for men and women who fast (and deny
themselves), for men and women who guard their chastity, and
for men and women who engage much in Allah's praise,for
them has Allah prepared forgiveness and great reward.
(Qur'an 33:35)

One Day shall you see the believing men and the believing
women how their Light runs forward before them and by their
right hands: (their greeting will be): "Good news for you this
Day! Gardens beneath which flow rivers! To dwell therein for-
ever! This is indeed the highest Achievement!" (Qur'an 57: 12)

6. Nowhere dow the Qur'an state that one gender is superior to the..
other. Some mistakenly translate "qiwamah" or responsibility for the
family as superiority. The Qur'an makes it clear that the sole basis for
superiority of any person over another is piety and righteousness not
gender, color, or nationality:

0 mankind! We created you from a single (pair) of a male

and a feinale and made you into nations and tribes that you
may know each other. Verily the most honored of you in the
sight of Allah is (one who is) the most righteous of you. And
Allah has full knowledge and is well acquainted (with all
things). (Qur'an 49:13)

7. The absence of women as prophets or "Messengers of Allah" in

prophetic history is due to the demands and physical suffering
associated with the role of messengers and prophets and not because
of any spiritual inferiority.s
 5

III. The Economic Aspect

1. The Islamic Shari'ah recognizes the full property rights of women
before and after marriage. A married woman may keep her maiden
name.6

2. Greater financial security is assured for women. They are entitled

to receive marital gifts, to keep present and future properties and
income for their own security. No married woman is required to
spend a penny from her property and income on the household. She
is entitled to full financial support during marriage and during the
waiting period ('iddah) in case of divorce.? She is also entitled to
child support. Generally, a Muslim woman is guaranteed support in
all stages of her life, as a daughter, wife, mother, or sister. These
additional advantages of women over men are somewhat balanced by
the provisions of the inheritance which allow the male, in most cases,
to inherit twice as much as the female. This means that the male
inherits more but is responsible financially for other females:
daughters, wive, mother, and sister, while the female (i.e., a wife)
inherits less but can keep it all for investment and financial security
without any legal obligation so spend any part of it even for her own
sustenance (food, clothing, housing, medication, etc.).

IV. The Social Aspect

First: As a Daughter

1. The Qur'an effectively ended the cruel pre-Islamic practice of

female infanticide (wa'd):

When the female (infant) buried alive is questioned for what

crime she was killed. (Qur'an 81-8-9)

2. The Qur'an went further to rebuke the unwelcoming attitudes

among some parents upon hearing the news of the birth of a baby
girl, instead of a baby boy:

When news is brought to one of them of (the birth of) a female

(child) his face darkens and he is filled with inward grief! With
shame does he hide himself from his people because of the
bad news he has had! Shall he retain her on (sufferance and)
contempt or bury her in the dust? Ah! what an evil (choice)
they decide on! (Qur'an 16:58-59)
6

3. Parents are duty bound to support and show kindness and justice to
their daughters. Prophet Muhammad said:

"Whosoever has a daughter and he does not bury her alive,

does not insult her, and does not favor his son over her, Allah
will enter him into Paradise." [Ahmad]S

"Whosoever supports two daughters til they mature, he and I

will come in the day of judgment as this (and he pointed with
his two fingers held together)." [Ahmad]S

4. Education is not only a right but also a responsibility of all males

and females. Prophet Muhammad said:

"Seeking knowledge is mandatory for every Muslim ("Mus-

lim" is used here in the generic meaning which includes both
males and females)."9

Second: As a Wife

1. Marriage in Islam is based on mutual peace, love, and compassion,

not just the satisfaction of man's needs:

And among His Signs is that He created for you mates from
among yourselves that you may well in tranquility with them
and He has put live and mercy between your (hearts); verily in
that are signs for those who reflect. (Qur'an 30:21)

(He is) the Creator of the heavens and the earth: He has made
for you pairs from among yourselves and pairs among cattle:
by this means does He multiply you: there is nothing whatever
like unto Him and He is the One that hears and sees (all
things). (Qur'an 42:11)

2. The female has the right to accept or reject marriage proposals. Her
consent is prerequisite to the validity of the marital contract according
to the Prophet's teaching. It follows that if by "arranged marriage" is
meant marrying the girl without her consent, then such a marriage is
nullifiable is she so wished.

"Ibn Abbas reported that a girl came to the Messenger of

God, Muhammad, and she reported that her father had forced
her to marry without her consent. The Messenger of God
 7

gave her the choice ... (between accepting the marriage or

invalidating it)." (Ahmad, Hadeeth no. 2469). In another
version, the girl said: "Actually I accept this marriage but I
wanted to let women know that parents have no right to force
a husband on them." [Ibn Majah)lO

3. The husband is responsible for the maintenance, protection, and

overall headship of the family (qiwamah) within the framework of
consultation and kindness. The mutual dependency and complemen-
tarity of the roles of males and females does not mean "subservience"
by either party to the other. Prophet Muhammad helped in household
chores in spite of his busy schedule.

The mothers shall give suck to their offspring for two whole
years if the father desires to complete the term. But he shall
bear the cost of their food and clothing on equitable terms. No
soul shall have a burden laid on it greater than it can bear.
No mother shall be treated unfairly on account of her child
nor father on account of his child. An heir shall be charge-
able in the same way if they both decide on weaning by
mutual consent and qfter due consultation there is no blame
on them. If you decide on a foster-mother for your offspring
there is no blame on you provided you pay (the mother) what
you offered on equitable terms. But fear Allah and know that
Allah sees well what you do. (Qur'an 2:233)

The Qur'an urges husbands to be kind and considerate to heir wives

even if they do not like them.

0 you who believe! You are forbidden to inherit women

against their will. Nor should you treat them with harshness
that you may take away part of the marital gift you have given
them except where they have been guilty of open lewdness; on
the contrary live with them on a footing of kindness and
equity. If you take a dislike to them it may be that you dislike a
thing and Allah brings about though it a great deal of good.
(Qur'an 4:19) ·

Prophet Muhammad taught:

" I command you to be kind to women ... "II

"The best of you is the best to his family (wife) ... "12
8

Marital disputes are to be handled privately between the parties

whenever possible, in steps (without excesses or cruelty). If disputes
are not resolved then family mediation can be resorted to.
Divorce is seen as the last resort, which is permissible but not
encouraged. Under no circumstances does the Qur'an encourage,
allow or condone family violence or physical abuse and cruelty. The
maximum allowed in extreme cases is a gentle tap that does not even
leave a mark on the body while saving the marriage from collaps-
ing.n

5. Forms of marriage dissolution include mutual agreement, the

husband's initiative, the wife's initiative (if part of her marital contract,
court decision on the wife's initiative (for a cause), and the wife's
initiative without a "cause" provided that she returns the marital gift
to her husband (khul' [divestiture]).l4

6. Priority for custody of young children (up to the age of about

seven) is given to the mother. A child later chooses between his
mother and father (for custody purposes). Custody questions are to be
settled in a manner that balances the interests of both parents and
well-being of the child.l4

Question of Polygyny
(Polygamy)
1. One of the common myths is to associate polygyny with Islam as if -
it were introduced by Islam or is the norm according to its teachings.
While no text in the Qur'an or Sunnah states that either monogamy or
polygyny is the norm, demographic data indicates that monogamy is
the norm and polygyny is the exception. In almost all countries and
on the global level the numbers of men and women are almost even,
with women's numbers slightly more than men.
As such, it is a practical impossibility to regard polygyny as the
norm since it assumes a demographic structure of at least two thirds
females, and one third males (or 80 percent females and 20 percent
males if four wives per male is the norm!). No Islamic "norm" is
based on an impossible assumption.l5

2. Like many peoples and religions, however, Islam did not out-law
polygyny but regulated it and restricted it.· It is neither required nor
encouraged, but simply permitted and not outlawed. Edward Wester-
 9

marck gives numerous examples of the sanctioning of polygyny

among Jews, Christians, and others.J6

3. The only passage in the Qur'an (4:3) which explicitly mentioned

polygyny and restricted its practice in terms of the number of wives
permitted and the requirement of justice between them was revealed
after the Battle of Uhud in which dozens of Muslims were martyred
leaving behind widows and orphans. This seems to indicate that the
intent of its continued permissibility is to deal with individual and
collective contingencies that may arise from time to time (i.e.,
imbalances between the number of males and females created by
wars). This provides a moral, practical, and humane solution to the
problems of widows and orphans who are likely to be more vul-
nerable in the absence of a husband/father figure to look after their
needs: financial, companions, proper rearing, and other needs.
~

If you fear that you shall not be able to deal justly with the
orphans marry women of your choice two or three or four; but
if you fear that you shall not be able to deal justly (with them)
then only one ... (Qur'an 4:3)

4. All parties involved have options: to reject marriage proposals as in

the case of a proposed second wife or to seek divorce or khul' (dives-
titure) as in the case of a present wife who cannot accept to live with a
polygynous husband.
While the Qur'an allowed polygyny, it did not allow polyandry
(multiple husbands of the same woman). Anthropologically speaking,
polyandry is quite rare. Its practice raises thorny problems related to
the lineal identity of children, and incompatibility of polyandry with
feminine nature.l5

Third: As a Mother

1. Kindness to parents (especially mothers) is next to worship of

Allah:

Your Lord has decreed that you worship none but Him and
that you be kind to parents. Whether one or both of them
attain old age in you life say not to them a word of contempt
nor repel them but address them in terms of honor. (Qur'an
17:23)
 10

And We have enjoined on the human (to be good) to his/her

parents: in travail upon travail did his/her mother bear
him/her and in years twain was his/her waning: (hear the
command) "Show gratitude to Me and to your parents: to Me
is (your final) destiny." (Qur'an 31:14)

2. Mothers are accorded a special place of honor in Hadeeth too:

A man came to the Prophet Muhammad asking: 0 Messenger

of Allah, who among the people is the most worthy of my
good companionship? The Prophet said, your mother. The
man said then who is next: the Prophet said, Your mother.
The man further asked, Then who is next? Only then did the
Prophet say, Your father. (al Bukhari)I7

Fourth: As a Sister in Faith (Generally)

1. According to the Prophet Muhammad's saying:

"Women are but sisters (or the other half) of men

(shaqa'iq)."iS

2. Prophet Muhammad taught kindness, care, and respect of women

in general:

"I commend you to be kind to women"19

Fifth: Issue of Modesty and Social Interaction

1. There exists, among Muslims a big gap between the ideal of the
real. Cultural practices on both extremes do exist. Some Muslims
emulate non-Islamic cultures and adopt the modes of dress, unre-
stricted mixing and behavior resulting in corrupting influences of
Muslims and endangering the family's integrity and strength. On the
other hand, in some Muslim cultural undue and excessive restrictions
is not seclusion are believed to be the ideal. Both extremes seem to
contradict the normative teachings of Islam and are not consistent
with the virtuous yet participative nature of the society at the time of
the Prophet Muhammad.I2

2. Parameters of proper modesty for males and females (dress and

behavior) are based on revelatory sources (the Qur'an and authentic

L
 11

Sunnah and as such are seen by believing men and women as

divinely-based guidelines with legitimate aims, and divine wisdom
behind them. They are not male-imposed or socially imposed
restrictions.

3. The notion of near total seclusion of women is alien to the pro-

phetic period. Interpretation problems in justifying seclusion reflect,
in part, cultural influences and circumstances in different Muslim
countries.

V. The Legal/Political Aspect

1. Both genders are entitled to equality before the law and courts of
law. Justice is genderless.
Most references to testimony (witness) in the Qur'an do not make
any reference to gender. Some references fully equate the testimony
of males and female.

And for those who launch a charge against their spouses and
have (in support) no evidence but their own their solitary
evidence (can be received) if they bear witness four times (with
an oath) by Allah that they are solemnly telling the truth; And
the fifth (oath) (should be) that they solemnly invoke the curse
of Allah on themselves if they tell a life. But it would avert the
punishment from the wife is she bears witness four times (with
an oath) by Allah that (her husband) is telling a lie; And the
fifth (oath) should be that she solemnly invokes the wrath of
allah on herself is (her accuser) is telling the truth. (Qur'an
24:6-9)

One reference in the Qur'an distinguishes between the witness of a

male and a female. It is useful to quote this reference and explain it in
its own context and in the context of other references to testimony in
the Qur'an.

0 you who believe! When you deal with each other in

transactions involving future obligations in a fixed period of
time reduce them to writing. Let a scribe write down faithfully
as between the parties: let not the scribe refuse to write as
Allah has taught him so let him write. Let him who incurs the
liability dictate but let him fear his Lord Allah and not
diminish aught of what he owes. If the party liable is mentally
deficient or weak or unable himself to dictate let his guardian
dictate faithfully. And get two witnesses out of your own men
12

and if there are not two men then a man and two women such
as you choose for witnesses so that if one of them errs the
other can remind her. The witnesses should not refuse when
they are called on (for evidence). Disdain not to reduce to
writing (your contract) for a future period whether it be small
or big: it is just in the sight of Allah more suitable as evidence
and more convenient to prevent doubts among yourselves; but
if it be a transaction which you carry out on the spot among
yourselves there is no blame on you if you reduce it not to
writing. But take witnesses whenever you make a commercial
contract; and let neither scribe nor witness suffer harm. If you
do (such harm) it would be wickedness in you. So fear Allah;
for it is Allah that teaches you. And Allah is well acquainted
with all things. (Qur'an 2:282)

A few comments on this text are essential in order to prevent common

misinterpretations:

a) It cannot be used as an argument that there is a general rule in the

Qur'an that the worth of a female's witness is only half the male's. This
presumed "rule" is voided by the earlier reference (24:6-9) which
explicitly equates the testimony of both genders in the issue at hand.

b) The context of this passage (ayah) relates to the testimony on

financial transactions which are often complex and laden with busi-
ness jargon. The passage does not make a blanket generalization
which would otherwise contradict 24:6-9 cited earlier.

c) The reason for variations in the number of male and female wit-
nesses required is given in the same passage. No reference was made
to the inferiority or superiority of one gender's witness or the other's.
The only reason given is to corroborate the female's witness and
prevent unintended errors in the perception of the business deal. The
Arabic term used in this passage (tadhilla) means literally "loses the
way," "gets confused or errs." But are females the only gender that
may err and need corroboration of their testimony. Definitely not,
and this is why the general rule of testimony in Islamic law is to have
two witnesses even if they are both males.
This leaves us with only one reasonable interpretation that in an
ideal Islamic society as envisioned by Islamic teachings the female
members will give priority to their feminine functions as wives,
mothers, and pioneers of charitable works. This emphasis, while
making them more experienced in the inner function of the family
 13

and social life, may not give them enough exposure and experience
to business transactions and terminology, as such a typical Muslim
woman in a truly Islamic society will not normally be present when
business dealings are negotiated and if may present may not fully
understand the dealings. In such a case, corroboration by two women
witnesses helps them remind one another and as such give an accurate
account of what happened.

d) It is useful to remember that it is the duty of a fair judge, in a

particular case, to evaluate the credibility, knowledge and experience
of any witness and the specific circumstances of the case at hand.

2. The general rule in social and political life is participation and

collaboration of males and female in public affairs:

The believers, men and women, are protectors one of another;

they enjoin what is just and forbid what is evil: they observe
regular prayers, practice regular charity, and obey Allah and
His apostle. On them will Allah pour His mercy: for Allah is
Exalted in power, Wise. (Qur'an 9:71)

3. Now there is sufficient historical evidence of participation by Mus-

lim women in the choice of rulers, in public issues, in lawmaking, in
administrative positions, in scholarship and teaching, and even in the
battlefield. Such involvement in social and political affairs was done
without losing sight of the complementary priorities of both genders
and without violating Islamic guidelines of modesty and virtue.

4. There is no text in the Qur'an or the Sunnah that precludes women

from any position of leadership, except in leading prayer due to the
format of prayer as explained earlier and the headship of state (based
on the common and reasonable interpretation of Hadeeth).
The head of state in Islam is not a ceremonial head.He leads public
prayers in some occasions, constantly travels and negotiates with
officials of other states (who ar mostly males). He may be involved in
confidential meetings with them. Such heavy involvement and its
necessary format may not be consistent with Islamic guidelines related
to the interaction between the genders and the priority of feminine
functions and their value to society. Furthermore, the conceptual and
philosophical background of the critics of this limited exclusion is
that of individualism,ego satisfaction, and the rejection of the validity
of divine guidance in favor of other man-made philosophies, values,
14

or "ism." The ultimate objective of a Muslim man or woman is to

selflessly serve Allah and the ummah in whatever appropriate
capacity.

Conclusion:
1. Textual injunctions on gender equity and the prophetic model are
sometimes disregarded by some if not most Muslims individually and
collectively. Revision of practices (not divine injunctions) is needed. It
is not the revelatory Qur'an and the Sunnah that need any editing or
revision. What needs to be reexamined are fallible human interpreta-
tions and practices.

2. Diverse practice in Muslim countries often reflect cultural

influences (local or foreign), more so than the letter or spirit of the
Shari'ah.

3. Fortunately, there is an emerging trend for the betterment of our

understanding of gender equity, based on the Qur'an and Hadeeth,
not on alien and imported un-Islamic or non-Islamic values and not
on the basis of the existing oppressive and unjust status quo in many
parts of the Muslim world.
 15

Endnotes
1. The term equity is used instead of the common expression "equality" which is
sometimes mistakenly understood to mean absolute equality in each and every
detailed item of comparison rather than the overall equality. Equity is used here to
mean justice and overall equality of the totality of rights and responsibilities of
both genders. It does allow for the possibility of variations in specific items within
the overall balance and equality. It is analogous to two persons possessing diverse
currencies amounting, for each person to the equivalence of US$1000. While each of
the two persons may possess more of one currency than the other, the total value still
comes to US$1000 in each case. It should be added that from an Islamic p
erspective,the roles of men and women are complementary and cooperative rather
than competitive.
2. The Sunnah refers to the words, actions, and confirmations (con-sent) of the
Prophet Muhammad in matters pertaining to the meaning and practice of Islam.
Another common term which some authorities consider to be equivalent to the
Sunnah is the Hadeeth (plural: Ahadeeth) which literally means "sayings."
3. In both Qur'anic references, 15:29 and 32:9-9, the Arabic terms used are basharan
lind al lnsaan both mean a human being or a person. English translations do not
usually convey this meaning and commonly use the terms "man" or the pronoun"
him" to refer to "person" without a particular gender identification. Equally
erroneous is the common translation of Bani Adam into "sons of Adam" or "men"
instead of a more accurate term "children of Adam."
4. The emphasis is ours. The explanatory "both"{ was added whenever the Our'anic
Arabic text addresses Adam and Eve, like "lahoma, aka/a, akhrajahoma." This was
done in order to avoid misinterpreting the English term "you" to mean an address to
a singular person. For the Biblical version of the story and its implications, see The
Holy Bible, RSV, American Bible Society, New York: 1952: Genesis, chapters 2-3,
especially 3:6, 12, 17-17; Levi-ticus 12:1-7; 15:19-30; and Timothy 2:11-14.
5. A common question raised in the West is whether a Muslim woman can be
ordained as a priest as more "liberal" churches do? It should be remembered that
there is no "church" or "priesthood" in Islam. The question of "ordaining" does not
arise. However, most of the common "priestly" functions such as religious edu-
cation, spiritual and social counseling are not forbidden to Muslim women in a
proper Islamic context. A woman, however, may not lead prayers since Muslim
prayers involve prostrations and body contact. Since the prayer leader is supposed
to stand in front of the congregation and may move forward in the middle of crowded
rows, it would be both inappropriate and uncomfortable for a female to be in such a
position and prostrate, hands, knees and forehead on the ground with rows of men
behind here. A Muslim woman may be an Islamic scholar, rn the early days of Islam,
there were several examples of female scholars who taught both genders.
6. This contrast with the legal provisions in Europe which did not recognize the
right until nearly 13 centuries after Islam. "By a series of acts starting with the
Married Women's Property Act in 1879, amended in 1882 and 1997, married women
achieved the right to won property and to enter into contracts on a par with spinsters,
widows, and divorcees." See Encyclopedia Britannica, 1968, vol. 23, p. 624.
7. This period is usually three months. If the wife is pregnant, it extends until
childbirth.
8. Ahmad Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma'arif, Cairo: 1950 and
1955, vols. 3 and 4. Hadith nos. 1957 and 2104.
9. Narrated in AI Bayhaqi and Ibn Majah, quoted in M. S. Afifi, AI Mar'ah wa
Huququhafi a/Islam (in Arabic), Maktabat al Nahdhah, Cairo: 1988, p. 71.
16

10. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya' al Kutub al Arabiyah, Cairo:
1952, vol. 1, Hadith #1873.

11. Matn a/ Bukhari, op. cit., vol. 3, p. 257.

12. Riyad a/ Saliheen, op. cit, pp. 140.

13. In the event of a family dispute, the Qur'an exhorts the husband to treat his wife
kindly and not to overlook her positive aspects. If the problem relates to the wife's
behavior, her husband may exhort her and appeal for reason. In most cases, this
measure is likely to be suf-ficient. In cases where the problem continues, the
husband may express his displeasure in another peaceful manner by sleeping in a
separate bed from hers. There are cases, however where a wife persists in deliberate
mistreatment of her husband and disregard for her marital obligations. Instead of
divorce, the husband may resort to another measure that may save the marriage, at
least in some cases. Such a measure is more accurately described as a gentle tap on
the body, but never on the face, makin~ it more of a symbolic measure than a
punitive one. Following is the related Qur anic text:

Men are the protectors and maintains of women because Allah has given the
one more (strength) than the other and because they support them from
their means. Therefore the righteous women are devoutly obedient and
guard in (the husband's) absence what Allah would have them guard. As to
those women on whose part you fear disloyalty and ill conduct, admonish
them (first), (next) refuse to share their beds (and last) beat them (lightly);
but if they return to obedience seek not ·against them means (of
annoyance): for Allah is Most High, Great (above you all). (Qur'an 4:34)
Even here, that maximum measure is limited by the following:
a) It must be seen as a rare exception to the repeated exhortation of mutual
respect, kindness and good treatment discussed earlier. Based on the Qur'an and
Hadeeth, this measure may be used in the case of lewdness on the part of the wife or
extreme refraction and rejection of the husband's reasonable requests on a consistent
basis (nushuz). Even then other measures such as exhortation should be tried first.
b) As defined by the Hadeeth, it is not permissible to strike anyone's face, cause
any bodily harm or even be harsh. What the Hadeeth qualified as dharban ghayra
mubarrih or light beating was interpreted by early jurists as a (symbolical) use of the
miswak (a small natural toothbrush).
They further qualified permissible "beating" as beating that leaves no mark on ~
the body. It is interesting that this latter fourteen centuries old qualifier is the
criterion used in contemporary American law to separate a light and harmless tap or
strike from "abuse" in the legal sense. This makes it clear that even this extreme, last
resort and "lesser of the two evils" measure that may save the marriage does not meet
the definitions of"physical abuse," "family violence," of "wife battering" in the
twentieth century laws in liberal democracies, where such extremes are commonplace
that they are seen as national concerns.
c) Permissibility of such symbolical expressi!)n of the seriousness of continued
refraction does not imply its desirability. In several Ahadeeth, Prophet Muhammad
discouraged this measure. Among his sayings: "Do not beat the female servants of
Allah," "Some (women visited my family complaining about their husbands (beating
them). These (husbands) are not the best of you," "[Is It not a shame that] one of you
beats his wife like [an unscrupulous person] beats a slave and maybe he sleeps with
her at the end of the day." See Riyad AI Saliheen, op cit., pp. 130-140. In another
Hadeeth, the Prophet said:
"How does anyone of you beat his wife as he beats the stallion camel and
then he may embrace (sleep with) her?" Shaheeh AI Bukhari, op. cit., vol. 8,
Hadeeth no. 68, pp. 42-43.
d) True following of the Sunnah is to follow the example of the Prophet Muham-
mad, who never resorted to that measure regardless of the circumstances.
 17

e) Islamic teachings are universal in nature. They respond to the needs and
circumstances of diverse times, cultures, and circumstances but unnecessary in
others. Some measures may work in some cases, cultures, or with certain persons but
may not be effective in others. By definition a "permissible" it is neither required,
encouraged, or forbidden. In fact, it may be better to spell out the extent of permis-
sibility such as in the issue at hand, than leaving it unrestricted and unqualified or
ignoring it all together. In the absence of strict qualifiers, persons may interpret the
matter in their own way lending to excesses and real abuse.
f) Any excess, cruelty, family violence, or abuse committed by any "Muslim" can
never be traced, honestly, to any revelatory text (Qur'an and Hadeeth). Such excesses
and violations are to be blamed on the person(s) himself as it shows that he is
paying lip service to Islamic teachings and injunctions and is failing to follow the
true Sunnah of the Prophet.
14. For more details on marriage dissolution and custody of children, see A. Abd al
Ati, Family Structure in Islam, Indianapolis: American Trust Publications, 1977, pp.
217-49.
15. For more details on the issue of polygyny, see Jamal A. Badawi, Polygyny in
Islamic Law, Plainfield, IN: American Trust Publications; also Islamic Teachings
(audio series), Islamic Information Foundation, 1982, album IV.
~ 16. See for example, Edward A. Westermarck, The History of Human Marriage, 4th ed.,
(London: Macmillan, 1925), vol 3, pp. 42-43; also Encyclopedia Bib/ica, Rev. T. K
Cheyene and J. S. Black, eds.) (London: Macmillan, 1925), vol. 3, p 2946.
17. A.M. B. I. AI- Bukhari (compiler) Matn a/ Bukhari, Cairo: Dar Ihya al Kutub
al Arabiyah, n.d., vol. 3 Kitab al Adab, p. 47. Translated by the author. For a similar
English translation of this Hadeeth, see Sahih a/ Bukhari, translated by M. M. Khan,
Maktabat al Riyadh al Hadeethah, Riyadh, Saudi Arabia, 1982, col. 8, the Book of al
Adab, Hadeeth no. 2, p. 2.
18. Narrated by Aisha, collected by Ibn Asakir in Silsilat Kunuz a/ Sunnah I, Al-
.lami AI Sagheer, 1st ed. 1410 AH. A computer program.
19. Riyadh a/ Saliheen, op. cit., p. 139.
18

Bibliography
I. The Qur'an and Hadeeth

1. The Holy Qur'an: Text, Translation and Commentary by A. Y.

Ali, The American Trust Publication, Plainfield, IN 1977.

2. Matn a/ Bukhari, AI Bukhari (compiler), Dar lhya al Kutub al

Arabiyah, Cairo, Egypt, n.d.

3. Musnad Ahmad Ibn Hanba/, Ibn Hanbal (compiler), Dar Ihya'

al Kutub al Arabiyah, Cairo Egypt, 1950 and 1955.

4. Riyadh a/ Saliheen, AI Nawawi, (compiler) New Delhi, India

n.d.

5. Sahih AI Bukhari, M. Khan (translator), Maktabat AI Riaydh AI

Hadeethah, Riyadh, Saudi Arabia 1982.

6. Silsilat Kunuz AI Sunnah: Al-Jami a/ Sagheer, 1st ed., 1410

AH, a computer software.

7. Sunan Ibn Majah, Dar lhya al Kutub al Arabiyah, Cairo: 1952.

II. Other References

1. AI Mar'ah wa Huququha fi a/ Islam, M. S. Afifi, Maktabat AI- ~

Nadhhah, Cairo: 1988.

2. Holy Bible, RSV, American Bible Society, New York: 1952.

3. Encyclopedia Biblica, vol. 3, Rev. T. K. Cheyene and J. S.

Black, editors, London: Macmillan, 1925.

4. Encyclopedia Britannica, vol. 23, 1968.

5. The History of Human Marriage, vol. 3, Edward A. Wester-

marck, London: Macmillan, 1925